Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).

Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.

In Virginia, common law marriages are not recognized. This means that couples cannot become legally married in Virginia without obtaining a marriage license and having a formal marriage ceremony. While some states do recognize common law marriages under certain conditions, Virginia does not allow for the establishment of a marriage without these formalities, regardless of the length of the relationship or the intentions of the parties. However, Virginia does recognize common law marriages that were validly formed in other states where such marriages are legally established. This recognition is based on the principle of 'comity,' which means that Virginia respects the laws and judicial decisions of other states. Therefore, if a couple has a valid common law marriage from another state, Virginia will generally recognize their marital status.